(1) uses, as a representation to the public, any title,
initials, or description of services incorporating the words
"alcohol and drug counselor";

(2) offers to render professional alcohol and drug
counseling services relative to the abuse of or the dependency
on alcohol or other drugs to the general public or groups,
organizations, corporations, institutions, or government
agencies for compensation, implying that the person is licensed
and trained, experienced or expert in alcohol and drug
counseling;

(3) holds a valid license issued under sections 148C.01 to
148C.11 to engage in the practice of alcohol and drug
counseling; or

Subd. 4. Dependency. "Dependency" means a
maladaptive pattern of substance use, leading to clinically
significant impairment or distress, as manifested by three or
more of the following occurring at any time in the same 12-month
period:

(a) tolerance, as defined by either of the following:

(1) a need for markedly increased amounts of the substance
to achieve intoxication or desired effect; or

(2) a markedly diminished effect with continued use of the
same amount of the substance;

(b) withdrawal, as manifested by either of the following:

(1) the characteristic withdrawal syndrome for the
substance, as referred to in the most current edition of the
Diagnostic and Statistical Manual of Mental Disorders; or

(2) the same or closely related substance is taken to
relieve or avoid withdrawal symptoms;

(c) the substance is often taken in larger amounts or over
a longer period than was intended;

(d) a persistent desire or unsuccessful efforts to cut down
or control substance use;

(e) a great deal of time is spent in activities necessary
to obtain the substance, use the substance, or recover from its
effects;

(f) important social, occupational, or recreational
activities are given up or reduced because of the substance use;
or

(g) substance use continues despite knowledge of having had
a persistent or recurrent physical or psychological problem that
was likely to have been caused or exacerbated by the substance.

Subd. 5. Abuse. "Abuse" means a maladaptive pattern
of substance use leading to clinically significant impairment or
distress, as manifested by one or more of the following
occurring at any time during the same 12-month period:

(1) recurrent substance use resulting in a failure to
fulfill major role obligations at work, school, or home;

(2) recurrent substance use in situations in which it is
physically hazardous;

(3) recurrent substance-related legal problems; and

(4) continued substance use despite having persistent or
recurrent social or interpersonal problems caused or exacerbated
by the effects of the substance.

For substance use to be considered abuse, the individual must
never have met the criteria for dependence in subdivision 4 for
the class of substance in question.

Subd. 6. Commissioner. "Commissioner" means the
commissioner of health, or a designee.

Subd. 7. Accredited school or educational program.
"Accredited school or educational program" means a school of
alcohol and drug counseling, university, college, or other
post-secondary education program that, at the time the student
completes the program, is accredited by a regional accrediting
association whose standards are substantially equivalent to
those of the North Central Association of Colleges and
Post-Secondary Education Institutions or an accrediting
association that evaluates schools of alcohol and drug
counseling for inclusion of the education, practicum, and core
function standards in this chapter.

(1) "Screening" means the process by which a client is
determined appropriate and eligible for admission to a
particular program.

(2) "Intake" means the administrative and initial
assessment procedures for admission to a program.

(3) "Orientation" means describing to the client the
general nature and goals of the program; rules governing client
conduct and infractions that can lead to disciplinary action or
discharge from the program; in a nonresidential program, the
hours during which services are available; treatment costs to be
borne by the client, if any; and client's rights.

(4) "Assessment" means those procedures by which a
counselor identifies and evaluates an individual's strengths,
weaknesses, problems, and needs to develop a treatment plan or
make recommendations for level of care placement.

(5) "Treatment planning" means the process by which the
counselor and the client identify and rank problems needing
resolution; establish agreed upon immediate and long-term goals;
and decide on a treatment process and the sources to be utilized.

(6) "Counseling" means the utilization of special skills to
assist individuals, families, or groups in achieving objectives
through exploration of a problem and its ramifications;
examination of attitudes and feelings; consideration of
alternative solutions; and decision making.

(7) "Case management" means activities which bring
services, agencies, resources, or people together within a
planned framework of action toward the achievement of
established goals.

(8) "Crisis intervention" means those services which
respond to an alcohol or other drug user's needs during acute
emotional or physical distress.

(9) "Client education" means the provision of information
to clients who are receiving or seeking counseling concerning
alcohol and other drug abuse and the available services and
resources.

(10) "Referral" means identifying the needs of the client
which cannot be met by the counselor or agency and assisting the
client to utilize the support systems and available community
resources.

(12) "Consultation with other professionals regarding
client treatment and services" means communicating with other
professionals in regard to client treatment and services to
assure comprehensive, quality care for the client.

Subd. 10. Practice of alcohol and drug counseling.
"Practice of alcohol and drug counseling" means the observation,
description, evaluation, interpretation, and modification of
human behavior as it relates to the harmful or pathological use
or abuse of alcohol or other drugs by the application of the
core functions. The practice of alcohol and drug counseling
includes, but is not limited to, the following activities,
regardless of whether the counselor receives compensation for
the activities:

(1) assisting clients who use alcohol or drugs, evaluating
that use, and recognizing dependency if it exists;

(2) assisting clients with alcohol or other drug problems
to gain insight and motivation aimed at resolving those
problems;

(3) providing experienced professional guidance,
assistance, and support for the client's efforts to develop and
maintain a responsible functional lifestyle;

(4) recognizing problems outside the scope of the
counselor's training, skill, or competence and referring the
client to other appropriate professional services;

(5) assessing the level of alcohol or other drug use
involvement;

(6) individual planning to prevent a return to harmful
alcohol or chemical use;

(7) alcohol and other drug abuse education for clients;

(8) consultation with other professionals;

(9) gaining cultural competence through ongoing training
and education according to standards established by rule; and

(10) providing the above services, as needed, to family
members or others who are directly affected by someone using
alcohol or other drugs.

Subd. 11. Sexual contact. "Sexual contact" means
contact as defined in section 148A.01 with a client or former
client, or engaging in contact that may reasonably be
interpreted by a client as sexual, or engaging in any verbal
behavior that is seductive or sexually demeaning to the client,
or engaging in sexual exploitation of a client or former client.

Subd. 12. Supervised alcohol and drug counseling
experience. Except during the transition period, "supervised
alcohol and drug counseling experience" means practical
experience gained by a student, volunteer, or intern, and
supervised by a person either licensed under this chapter or
exempt under its provisions; either before, during, or after the
student completes a program from an accredited school or
educational program of alcohol and drug counseling.

Subd. 13. Alcohol and drug counseling practicum.
"Alcohol and drug counseling practicum" means formal experience
gained by a student and supervised by a person either licensed
under this chapter or exempt under its provisions, in an
accredited school or educational program of alcohol and drug
counseling as part of the education requirements of this chapter.

Subd. 14. Applicant. "Applicant" means a person
seeking a license under this chapter.

Subd. 15. Client. "Client" means an individual who
is the recipient of any of the alcohol and drug counseling
services described in this section.

Subd. 16. Compensation. "Compensation" means a fee,
salary, reward, payment, or the expectation of payment from a
client or a client's agent, insurer, employer, or other
representative for providing alcohol and drug counseling
services. Compensation does not include bartering for services.

Subd. 18. Psychometrically valid and reliable.
"Psychometrically valid and reliable" means developed on the
basis of role delineation, validation, reliability, passing
point, and sensitivity review factors, according to generally
accepted standards.